Practice question
A garnishee bank holds less than the amount needed to satisfy the judgment. Under Rule39 Section9(c), may it simply refuse to report because the available credit is insufficient?
- No; its report must state how much it holds for the judgment obligor
- Yes; only a bank holding the full amount must report
- Yes; an insufficient balance automatically cancels the judgment
- No; it must instead disclose every unrelated customer account
- Yes; the five-day duty is replaced by a five-year period
Legal references
- Bagbagen v. Perez, GR274980, February17 2025, Gaerlan MAIN: https://lawphil.net/judjuris/juri2025/feb2025/gr_274980_2025.html MAIN ruling on salary exemptions and garnishment.
- Rules of Court Rule39 Sections9(c) and13(i): https://lawphil.net/courts/supreme/rc/rc_1-71_civil.html
- PD1246 amending RA6426 Section8: https://lawphil.net/statutes/presdecs/pd1977/pd_1246_1977.html Section2 amending RA6426 Section8.
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